PHILIPPSON & OTHERS v. IMPERIAL AIRWAYS, LTD.

(1939) 63 Ll L Rep 119

HOUSE OF LORDS.

Before Lord Atkin, Lord Thankerton, Lord Russell of Killowen, Lord Macmillan and Lord Wright.

Carriage by air - "International carriage" -General Conditions of Carriage of Goods (I.A.T.A.)-"High Contracting Parties to the Convention of Warsaw" - Contract made in England for carriage of gold from London to Brussels - Stolen from Croydon Aerodrome-Claim by consignees-Consignment note containing provision that "The consignor hereby expressly declares . . . that he is aware of and accepts the General Conditions of Carriage more particularly referred to on the back of this document" - "Conditions of Carriage: Carriage by air: The General Conditions of Carriage of Goods are applicable to both internal and international carriage. These General Conditions are based upon the Convention of Warsaw of 12th October, 1929, in so far as concerns international carriage within the special meaning of the said Convention"-General Conditions, Art. 1, par. 2 (2): "The special categories of international carriage . . . include all carriage by air in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated . . . within the territories of two High Contracting Parties to the Convention of Warsaw for the unification of certain rules relating to International Air Transport of the 12th October, 1929, upon which these Conditions are based . . ."- Great Britain and Belgium both signatories to convention - Ratification only by Great Britain at time of carriage-Meaning of "High Contracting Parties"-Whether carriage under consignment note "international carriage"-Ambiguity-Limitation of claims - Preliminary questions for Court-Convention of Warsaw, 1929- Carriage by Air Act, 1932.